State v. Stout

Bliss, J.-

On this appeal appellant bases his right to a reversal of the judgment solely upon the commission of errors by the trial court in'giving certain instructions to the jury. Four of the court’s instructions are challenged.

I. Appellant contends that the court committed reversible error in giving Instruction No. 1, to wit: “You are to take the facts as the same have been established by the proof, together with the lack of testimony, if any, and the fair and reasonable inferences which may be drawn therefrom, and the law as given you in charge' by the court in these instructions, and…